Hustace v. . Phenix Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1902, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. Under the Hew York standard fire insurance policy the insurer is not liable for loss or damage to a building caused by explosion. (St. John v. A. M. F. & M. Ins.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1902, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. Under the Hew York standard fire insurance policy the insurer is not liable for loss or damage to a building caused by explosion. (St. John v. A. M. F. & M. Ins. Co., 11 N. Y. 516; Briggs v. N. A. Ins. Co., 53 N. Y. 446; Miller v. L. & L. F. Ins. Co., 41 Ill. App. 395; G. F. Ins. Co. v. Roost,…
1Opinion of the Court
Parker, Ch. J.
The Tarrant building on the northwest corner of Warren and Greenwich streets, Flew York, began to burn at 12:15 p. m., October 19,1900. It was occupied by dealers in drugs and chemicals. Within 30 minutes after the fire started a terrific explosion took place in that building caused by the ignition of such chemicals and drugs, "which wrecked it and other buildings, including the buildings between the Tarrant building and that of plaintiffs. The latter, known as 275 Washington street, was separated from the Tarrant building by an alleyway 8 feet wide, and two buildings, the total…
2Cases cited7 opinions
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Briggs v. North American & Mercantile InsuranceNew York Court of Appeals · 1873
- Peabody v. . SatterleeNew York Court of Appeals · 1901
- St. John v. . American Mu. Fire and Marine Ins. Co.New York Court of Appeals · 1854
- Heuer v. North Western National Insurance Co. of MilwaukeeIllinois Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Spring Garden Ins. v. Imperial Tobacco Co.Court of Appeals of Kentucky · 1909
- Woogmaster v. Liverpool & London & Globe InsuranceMassachusetts Supreme Judicial Court · 1942
- Wheeler v. . Phenix Ins. Co.New York Court of Appeals · 1911
- Cook v. Continental Ins. Co.Supreme Court of Alabama · 1928
12 more not listed; retrieve them via the Exa API.